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Securitization Reps Lament Some Dodd-Frank Provisions, Lack of Direction on GSEs’ Destiny

July 13, 2012
Two of the three biggest barriers to a return of the non-agency mortgage sector – the premium capture cash reserve account and the qualified mortgage definition – are embedded in the Dodd-Frank Act, industry officials say. And the third is what’s not in the controversial law: any substantive reform of Fannie Mae and Freddie Mac. The biggest challenge to reducing the government’s domination of the mortgage market is the lack of direction on the government-sponsored enterprises, said Tom Deutsch, executive director of the American Securitization Forum, during a hearing this week.
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CFPB Proposed Rule Aims to Crack Down on Abuses Associated With High-Cost Mortgages

July 12, 2012
Consumers who take out mortgages that are considered high cost currently receive special pro-tections from fees and risky loan terms. The Consumer Financial Protection Bureau this week came out with a proposed rule that would expand what is considered a high]cost mortgage and provide more protections to consumers who take out those loans. Loans that meet high-cost triggers under the Home Ownership and Equity Protection Act are subject to special disclosure requirements and restrictions on loan terms, and borrowers in high-cost mortgages have enhanced remedies ...
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Report: Countrywide Downgraded Underwriting Standards To Offer Discount Loans to ‘Friends of Angelo’ for Influence

July 12, 2012
For more than a decade, Countrywide Financial’s “VIP Program” approved nearly 18,000 sweet-heart mortgages to congressmen, policymakers and officials at the government-sponsored enterprises in an effort to curry favor in Washington and strengthen its business relationship with Fannie Mae, ac-cording to a newly released congressional inquiry. Last week’s 136-page report from House Oversight and Government Reform Committee Chair-man Darrell Issa, R-CA, completed a three-year investigation by the committee of Countrywide’s “Friends of Angelo” program, which ran from January ...
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Most Lenders Track Market’s Heavy Refi Volume,But Some Specialize in Growing Purchase Market

July 12, 2012
With refinance transactions accounting for three out of four home mortgages financed through agency programs in the first half of 2012, most top lenders securitized significant volumes of refi loans through Fannie Mae, Freddie Mac and Ginnie Mae.But a new Inside Mortgage Finance analysis and ranking reveals that a number of lenders man-aged to focus on the fast-growing home purchase-mortgage market during the first half of 2012. At the top of that list was Pulte Mortgage, the subsidiary of a national homebuilding company, where pur-chase-money mortgages accounted for 99.0 percent of...
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Fitch: Fannie, Freddie See New Targets of Buyback Opportunity in Mid-Tier Financial Institutions

July 12, 2012
Mortgage repurchase requests by Fannie Mae and Freddie Mac show no signs of slowing down, and the two government-sponsored enterprises appear poised to pick up the pace with buyback de-mands targeting mid-tier financial institutions, warned Fitch Ratings. Fitch issued a note last week in which the rating agency cited signs of a potential shift in focus by the GSEs from the big banks to the smaller regional banks as a target of opportunity for increased representation and warranty claims.“Recent announcements by PNC, SunTrust and First Horizon that they intend to boost future GSE ...
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Industry Again Calls for Broad Qualified Mortgage, Well-Defined Ability to Repay, Strong Safe Harbor

July 12, 2012
As the Consumer Financial Protection Bureau works to finalize its ability-to-repay qualified mortgage final rule by January, industry officials again called upon Congress to press the bureau to broadly structure the terms of a qualified mortgage and craft a well-defined ability-to-repay rule, along with a strong safe harbor to help provide legal certainty. John Hudson, chairman of government affairs for the National Association of Mortgage Brokers, told lawmakers that industry professionals and “every consumer wanting to participate in homeowner-ship supports common sense underwriting ...
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CFPB Raising Compliance Bar for Mortgage Lenders On Consumer Disclosures, a Number of Other Fronts

July 12, 2012
After months of high-profile publicly and seemingly endless prototypes, consumer testing and discussions with industry stakeholders, the Consumer Financial Protection Bureau this week issued a detailed proposed rule to integrate the mortgage disclosures consumers get under the Real Estate Settlement Procedures Act and the Truth in Lending Act. The proposal features new “loan estimate” and “closing disclosure” forms to highlight the costs and risks of a mortgage in terms designed to be clearer to consumers and to facilitate shopping. According to the CFPB...
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Worth Noting

July 9, 2012
Twenty-five states are thinking about revising their foreclosure laws to make it harder for lenders to seize properties, out of concern that inefficient loan modifications are leading to unnecessary foreclosures, the Wall Street Journal reported last week. That would prove costly for borrowers in the future, according to Mortgage Bankers Association CEO David Stevens. Should all 50 states decide to go down their own path, lenders are going to have multiple processes, each with their own little nuances, and every single penny of that cost will be borne by tomorrow's borrowers...
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Federal Roundup

July 9, 2012
House of Representatives.Hearing on Impact of Dodd-Frank. The House Financial Services Subcommittee on Capital Markets and Government Sponsored Enterprises plans a hearing Tuesday, July 10, on the impact of the Dodd-Frank Act on customers, credit and job creators. The witness list includes the American Securitization Forum and the Securities Industry and Financial Markets Association.House of Representatives.Hearing on Impact of Dodd-Frank on Financial Services Competition...
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State Roundup

July 9, 2012
California. Former IndyMac CEO Michael Perry and CFO Scott Keys agreed to a $6.5 million settlement to resolve a class-action lawsuit by shareholders who accused the executives of concealing how badly the mortgage lender’s financial position had deteriorated when they were buying company stock from March 1, 2007, to May 12, 2008. A shareholder’s motion for preliminary approval submitted last week said the pending settlement is “a reasonable resolution” of the dispute and ensures that shareholders will at least make some financial recovery. Florida. In Fuller v. MERS, U.S. District...
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